TERMS OF REFERENCE (TOR) FOR THE PROPOSED
RESIDENTIAL APARTMENTS
LOCATEDON PLOT L.R NO. 1/95 ALONG ARGWINGS
KODHEK ROAD, IN HURLINGHAM, NAIROBI CITY
COUNTY.
PROPONENT
DOUBLE WIN COMPANY LIMITED
P.O. BOX 25839-0100,
NAIROBI.
JULY 2018
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DOCUMENT AUTHENTICATION
This Terms of Reference report has been prepared by Green Builders & Planning Consultants Limited
(NEMA Reg. No. 9571) in accordance with the Environmental Management and Coordination Act
(EMCA) 1999 and the Environmental Impact Assessment and Audit Regulations 2003 which requires that
every development project must have an EIA report prepared for submission to the National
Environmental Management Authority (NEMA). We the undersigned, certify that the particulars in this
report are correct and righteous to the best of our knowledge.
EIA/EA LEAD EXPERT:
GREEN BUILDERS & PLANNERS CONSULTATS LIMITED
FIRM REG. NO. 9571
P.O. BOX 40247 – 00100, NAIROBI, KENYA
TEL: 0704707633
EMAIL:[email protected],[email protected]
Signature…………………………………Date….…...……………………
ELIZABETH W. MUTUA (NEMA REG. NO.8731)
PROPONENT:
DOUBLE WIN COMPANY LIMITED
P.O. BOX 25839-0100, NAIROBI.
NAME: ………………………………………………….
POSITION: ………………………………………….
Signature…………………….…………………Date……………………..……………………
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Table of Contents DOCUMENT AUTHENTICATION ........................................................................................................................................................... 2
CHAPTER ONE: INTRODUCTION .......................................................................................................................................................... 4
CHAPTER TWO: PROJECT DESCRIPTION .......................................................................................................................................... 5
2.1.1 Name of Project ......................................................................................................................................5
2.1.2 Project Proponent ...................................................................................................................................5
2.1.3 Objective of the Project ...........................................................................................................................5
2.1.4 Major Activities of the Project .................................................................................................................5
2.2 EIA Consultant ...........................................................................................................................................6
2.3 Scope of Work ............................................................................................................................................................................................ 6
2.4 Context, Components and Activities of the Project ............................................................................................7
CHAPTER THREE: BASELINE INFORMATION ............................................................................................................................... 8
3.1 Description of the Environment/Baseline Studies Data Collection and Interpretation .................................8
3.2 Policy, Legislative and Regulatory Considerations ........................................................................................9
3.3 Identification and Assessment/Analysis of Potential Impacts ......................................................................9
3.4 Assessment of key Environmental impacts ............................................................................................... 10
3.5 Recommended Mitigation Measures ......................................................................................................... 11
3.6 Key Monitoring Programs ........................................................................................................................ 12
3.7 Drainage Assessment ................................................................................................................................ 12
3.8 Mitigation & Emergency Preparedness and Response ............................................................................... 12
3.9 EHS Management and Monitoring Plan ................................................................................................... 13
3.10 Project Alternatives................................................................................................................................... 13
3.11 Public Participation/Consultation Programme .......................................................................................... 13
CHAPTER FOUR: WORK SCHEDULE ................................................................................................................................................... 14
4.1 Research Activities .................................................................................................................................... 14
CHAPTER FIVE: PROJECT ORGANISATION AND MANAGEMENT ...................................................................................... 15
CHAPTER SIX: THE E.I.A REPORT ....................................................................................................................................................... 16
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CHAPTER ONE: INTRODUCTION
Green Builders and Planning Consultants Limited , herein referred to as the ‘consultants’ has prepared
these Terms of Reference (TOR) to provide the guidelines for undertaking an Environmental Impact
Assessment (EIA) study report for the proposed development. The proponent (DOUBLE WIN
COMPANY LIMITED of P.O. BOX 25839-00100, NAIROBI) has proposed to put up residential
apartment development on Plot L.R No. 1/95 Located along Argwings Kodhek Road in Hurlingham area,
Nairobi City County.
By Enactment, building and construction operation is a prescribed activity as per the second schedule in
section 58, of Environment Management and Coordination Act, 1999 among other law enactments.
Under these laws, any activity out of character with its surrounding which is likely to cause substantial
impact to the environment in areas such as waste disposal, sustainable resource use, ecosystem’s
maintenance, social environment, land use and water extraction; an Environmental Impact Assessment
(EIA) report is required to assess such impacts and propose mitigation measures.
By the Enactment, the Project Proponent is required to submit an EIA report to NEMA for approval
before commencing implementation of the project. By this report the relevant government authorities are
able to monitor impacts within the life span of the project on the immediate environment, so as to enable
major stakeholders of the project including the Government agencies to manage the environment for the
well being of the community.
These TORs have been prepared based on the scoping result, field visits and information collected from
both primary and secondary sources including information provided by the Project Proponent. The Terms
of Reference (TOR) for conducting the EIA Study are based on the General Guidelines for Conducting
EIAs in Kenya as per Environment (Impact Assessment and Audit) Regulations, 2003, which
operationalizes the Environmental Management and Coordination Act, (EMCA) 1999.
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CHAPTER TWO: PROJECT DESCRIPTION
2.1 Project Description
The proposed development will comprise of 2 Blocks of 14 storey residential apartments on plot L.R No.
1/95 as follows:
BASEMENT 1&2: Will have 130 number of parking
GROUND FLOOR: will have 63 number of parking bays, driveways and gate house.
Typical 1nd to 14th Floor plan:
BLOCK A: will comprise of 4, two(2) bedroom units and 2, three(3) bedroom units with
DSQ giving a total of 6 units in the entire floor
BLOCK B: Will comprise of 4, two(2) bedroom units and 2, three(3) bedroom units with
DSQ giving a total of 6 units in the entire floor
Each block will consist of 84 units giving a total of 168 units in the 2 blocks
More/fine details of the development, Specifications and features of the proposed project will be given on the study report.
2.1.1 Name of Project
Proposed residential apartment Development located On Plot L.R No. 1/95 in Hurlingham area Nairobi
City County.
2.1.2 Project Proponent
The project proponent is; DOUBLE WIN COMPANY LIMITED of P.O. 25839-0100, NAIROBI
2.1.3 Objective of the Project
The proposed project has the overall objective of developing Residential Apartments on plot L.R NO. 1/95
2.1.4 Major Activities of the Project
The construction activities shall involve civil and engineering works as here on:
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a) Site clearance and preparation
b) Normal excavation of soil and filling with hardcore
c) Laying of foundation slab and walling
d) Plastering and painting
e) Landscaping
f) Storm water and drainage construction
g) Laying of the pavement blocks
h) Installation of electrical works
i) Government inspection/occupation certificate and completion of works issued
j) Beginning of occupation
2.2 EIA Consultant
Licensed NEMA consultant, Green Builders & Planning Consultants Limited (EIA / EA Expert Reg. No.
9571) works with a team of experts with proven track record of excellence focusing mainly on
environmental management and physical planning. The team has undertaken numerous development
projects since its inception for individual as well as corporate local and international clients, providing top-
quality environmental impact assessments and environmental management plans.
2.3 Scope of Work
The Environmental Impact Assessment will include but not necessarily be limited to:
1) Project Objectives
2) Complete description of the existing site proposed for development.
3) Significant environmental issues of concern through the presentation of baseline data, which should
include social, cultural and heritage considerations. Assess public perception of the proposed
development.
4) Policies, Legislation and Regulations relevant to the project.
5) Likely impacts of the development on the described environment, including direct, indirect and
cumulative impacts, and their relative importance to the design of the development’s facilities.
6) Mitigation action to be taken to minimise predicted adverse impacts if necessary and quantify
associated costs.
7) Monitoring Plan that should ensure that the mitigation plan is adhered to.
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8) Alternatives to the project that could be considered at that site or at any other location including no
action alternative.
9) Conclusions
To ensure that a thorough environmental impact assessment is carried out, the following tasks are necessary:
2.4 Context, Components and Activities of the Project
To provide a comprehensive description of the project and the surrounding environment specifying any
information necessary to identify and assess the environmental effects of the project. This includes project
objectives and information on, rationale for the project and background, the nature, location/existing
setting, timing, duration, frequency, general layout including relocation of people and any additional impacts
on the surroundings communities, pre-construction activities, construction methods, works and duration,
and post construction plans. A description of raw material inputs, technology and processes to be used as
well as products and by-products generated, should be provided. Note areas to be reserved for construction
and areas to be preserved in their existing state as well as activities and features which will introduce risks or
generate impact (negative and positive) on the environment. The EIA study shall include an assessment of
the context, components and activities of the project.
This includes among others:
Context: Description and assessment of the location of the land, the land use characteristics, including the
planned use of the land and description of the existing land use and their patterns within 3-km
radius from the boundary of the Project Area and project characteristic
Activities: Description and assessment of the specific phases and activities; including timing and
location, for:
(i) pre-construction (planning) phase (Plan preparation and seeking of the appropriate approvals from the
relevant authorities, baseline condition appraisal),
(ii) construction phase (base camp establishment, site clearance, acquisition and transportation of building
materials, construction of the apartment);
(iii) Occupation phase (running and managing the facility as per the laid down rules and procedures; and
(iv) Decommissioning/abandonment phase (demolition of facility).
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CHAPTER THREE: BASELINE INFORMATION
3.1 Description of the Environment/Baseline Studies Data Collection and Interpretation
Description and assessment of the location of the land, the land use characteristics, including the planned use of
the land and description of the existing land use and their patterns within 3-km radius from the boundary of
the Project area and project characteristic. Baseline is important to give an overall evaluation of the existing
environmental conditions, including a historical meteorological evaluation to include but not be limited to
characteristics and analysis, values and functions of the area, as follows:
i.) Physical environment
ii.) Biological environment
iii.) socio-economic and cultural constraints
The methodologies employed to obtain baseline and other data to be clearly detailed. Baseline data included
but not limited to:
Physical
i). A description of the existing soil and geology, landscape, aesthetic values and hydrology. Special emphasis
should be placed on storm water run-off, drainage patterns, and aquifer characteristics. Any slope stability
issues that could arise should be thoroughly explored.
ii). Water quality of any existing wells, rivers, ponds, streams or coastal waters in the vicinity of the
development.
iii). Terrestrial ecosystem, including but not limited to any wetlands and other ecologically sensitive areas
with indication of their function and value in the project area.
iv). Noise levels of undeveloped site and the ambient noise in the area of influence
v). Obvious sources of existing pollution and extent of contamination
vi). Availability of solid waste management facilities
Biological
Present a detailed description of the flora and fauna (terrestrial and aquatic if applicable) of the area, with
special emphasis on rare, threatened, endemic, protected and endangered species. Migratory species, wild
food crop plants and presence of invasive alien species should also be considered. There is need to
incorporate micro-organisms to obtain an accurate baseline assessment. Generally species dependence,
habitats/niche specificity, community structure and diversity ought to be considered.
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Socio-economic & cultural
Present and proposed land use; transportation of heavy equipment, road widening and associated traffic
considerations particularly in the construction phase of the project, planned development activities; issues
relating to squatting and relocation; public health and safety. The historical importance (heritage,
archaeological sites and feature) and other material assets of the area should also be examined. While this
analysis is being conducted, it is expected that an assessment of public perception of the proposed
development be conducted. This assessment may vary with community structure and may take multiple
forms such as public meetings and/or questionnaires/surveys.
3.2 Policy, Legislative and Regulatory Considerations
Outline the pertinent regulations and standards governing environmental quality, safety and health,
protection of sensitive areas, protection of endangered species, siting and land use control at the national
and local levels. The examination of the legislation should include at minimum, legislation such as the
Environmental Management and Coordination Act No.8 of 1999 (EMCA) Act, The Environmental
Management and Co-ordination (Waste Management Regulations 2006), the Public Health Act, Waste
Water Management; Physical planning act, 1999, Local Government Act (265), Building code 2000 and the
appropriate international convention/protocol/treaty where applicable.
3.3 Identification and Assessment/Analysis of Potential Impacts
Examine and identify the major potential environmental and public health issues of concern and indicate
their relative importance to the development project. These should include the occupational exposure,
health and safety measures and population exposure in the appropriate study area(s) and changes and or
enhancement in emergency response plan. Identify potential impacts as they relate to, (but are not restricted
by) the following:
change in drainage patterns
flooding potential if necessary
landscape impacts of excavation and construction
loss of and damage to geological and paleontological features
loss of species and natural features
habitat loss and/or fragmentation
pollution of potable, surface or ground water
air pollution
socio-economic and cultural impacts
impact of flooding, loss of natural features, excavation and construction on the historic
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landscape, architecture and archaeology of the site
risk assessment
noise and vibration
solid waste disposal
soil
change in land use
visual impacts – aesthetics
impact on traffic and the transportation of heavy equipment to the site
Distinguish between significant positive and negative impacts, direct and indirect, long term and immediate
impacts to include discussion on site restoration and residual impacts and the proposed mitigation measures.
Identify avoidable as well as irreversible impacts. Cumulative impacts of this and other proposed and/or
existing developments will be explored.
Characterize the extent and quality of the available data, explaining significant information deficiencies and
any uncertainties associated with the predictions of impacts. A major environmental issue is determined
after examining the impact (positive and negative) on the environment and having the negative impact
significantly outweigh the positive. It is also determined by the number and magnitude of mitigation
strategies, which need to be employed to reduce the risk(s) introduced to the environment. Project activities
and impacts will be represented in matrix form.
3.4 Assessment of key Environmental impacts
The following environmental impacts (a, b, c) are the key potential adverse impacts identified during the
scoping phase. Other potential adverse impacts (d) - waste disposal, flora and fauna and dust - shall be
assessed in less detail.
a. Noise Pollution, Solid Waste pollution, Energy and Water Constraint
Construction activities (excavation, building construction, transportation and machinery) are among the
major contributors to noise and solid wastes. Construction and operation phase may affect the level of water
and energy usage within the area.
The following activities and assessment shall be undertaken:
Status of water usage and capacity within the Project Area, e.g. pipe type, estimated users, pipe size and
other water sources shall be described and assessed.
Status of energy (electricity) usage and capacity within the Project Area, e.g. phase type, estimated users,
layering type and other energy sources shall be described and assessed.
The impact of noise pollution, solid waste and traffic congestion shall be determined and assessed.
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These shall be predicted based on:
(i) Description and assessment of existing topographical and physical characteristics of the project site
(based on e.g. topographical maps and ground investigation),
(ii) Description and assessment of the existing geological and soils condition within the project site
(based on e.g. on ground survey and soil maps available),
(iii) Description and assessment of the drainage system within the project area (based on e.g.
topographical maps and ground surveys).
The impact on waste effluents due to the construction activities and operations of the residential houses shall be assessed. b. Social Impacts
Social impacts of the project shall be determined through interviews with a representative number of people
potentially affected by the project activities (and quantification of answers).
c. Other Impacts
The following environmental impacts have to be addressed in less detail:
Waste Disposal. Waste generated from construction site and machinery (oil and grease) shall be
assessed. Waste generated as a result of occupation will also be assessed.
Flora and fauna. The impacts on flora and fauna within the proposed area shall be assessed. This
assessment shall mainly be carried through interview with local people, observations and through
information obtained from the relevant Government agencies.
Dust Pollution. Impact due to dust generated from construction activities especially excavation,
material mixing e.g. cement, trucking of materials during transportation shall be assessed.
3.5 Recommended Mitigation Measures
Wise water usage. Water conservation shall be emphasized at all phases through activities such as
recycling, water conserving taps, notices near water points on need to conserve water. Adopt alternative
water sources such as rain water harvesting, borehole sinking.
Waste effluents shall be disposed off through the existing sewerage system.
Restriction of the number of vehicles entering the construction site to reduce chances of traffic jams.
Construction of parking zone for use during operation phase.
Mitigation measures related to concerns raised by the local residents in the area surrounding the project
areas e.g. being given priority in employment such as unskilled labour.
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3.6 Key Monitoring Programs
Assessment and recommendation concerning compliance monitoring of the water usage. Use of detailed
map of water courses (rivers, streams, etc.) and riparian reserves.
Assessment and recommendation concerning compliance, monitoring of the noise pollution reduction.
Proper work ethics such as switching off engines when not in use has to be considered and
recommended upon.
Assessment and recommendation concerning compliance, monitoring of the restriction of traffic to the
construction site. Use of photographs, timing, location, etc. has to be considered and recommended
upon.
Assessment and recommendation concerning compliance monitoring of the socio-economic impact related
to the concerns raised by the local residents in the area surrounding the project areas.
3.7 Drainage Assessment
An assessment of Storm Water Drainage should be conducted. The EIA Report will cover but not be
limited to where necessary:
i.) Drainage for the site during construction to include mitigation for sedimentation to the aquatic
environment
ii.) Drainage for the site during operation, to include mitigation for sedimentation to the aquatic
environment
Drainage control for crossings of rivers and/or gullies, to include impacts that drainage control features
could have on aesthetics, water quality and sedimentation of rivers and/or gullies.
3.8 Mitigation & Emergency Preparedness and Response
Prepare guidelines for avoiding or reducing (e.g. restoration and rehabilitation), as far as possible, any
adverse impacts due to proposed usage of the site and utilising of existing environmental attributes for
optimum development. The potential impacts in the area should be addressed. Quantify and assign financial
and economic values to mitigating methods. Indicate the emergency preparedness and response plans for
dealing with risks and hazards identified as above. Identify, assess and recommend appropriate and practical
mitigation measures to remove or minimize the adverse environmental impacts identified. Identify, assess
and recommend impact monitoring programs and compliance auditing programs.
After completion of the EIA study, the E.I.A consultant shall prepare a comprehensive report and
undertake a presentation of the EIA report to NEMA. Below are listed a number of specific issues, based
on the scoping phase, the EIA study has to include.
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3.9 EHS Management and Monitoring Plan
Design a plan for the management of the natural, historical and archaeological environments of the project
to monitor implementation of mitigatory or compensatory measures and project impacts during
construction and occupation/operation of the units/facility. An EHS Management Plan and Historic
Preservation Plan (if necessary) for the long-term operations of the site should also be prepared.
An outline of a monitoring programme (if necessary) should be included in the EIA, and a detailed version
submitted to NEPA for approval after the granting of the permit and prior to the commencement of the
development. At the minimum the monitoring programme and report should include:
An introduction outlining the need for a monitoring programme and the relevant specific provisions
of the permit and/or licence(s) granted.
The activity being monitored and the parameters chosen to effectively carry out the exercise.
Project maintenance and decommissioning
The methodology to be employed and the frequency of monitoring.
The sites being monitored. These may in instances, be pre-determined by the local authority and
should incorporate a control site where no impact from the development is expected.
Frequency of reporting to NEMA
3.10 Project Alternatives
Examine alternatives to the project including an assessment of the impacts of all the alternatives examined
and the no-action alternative. This examination of project alternatives should incorporate the use history of
the overall area in which the site is located and previous uses of the site itself.
3.11 Public Participation/Consultation Programme
Conduct public presentation(s) on the findings of the EIA to inform, solicit and discuss comments from the
public on the proposed development if necessary.
Document the public participation programme for the project.
Describe the public participation methods, timing, type of information to be provided to the public,
and stakeholder target groups.
Summarise the issues identified during the public participation process
Discuss public input that has been incorporated into the proposed project design; and
environmental management systems
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CHAPTER FOUR: WORK SCHEDULE
The EIA study report for the residential apartment development shall be completed within a period of
seven (7) weeks from the time of TOR approval.
4.1 Research Activities
Study phase Specific activity Time frame(weeks)
Field work
Consultations
1 2 3 4 5 6 7
xx xx
Monitoring studies xx xx
Write up Data analysis xx xx xx
Impact prediction xx Xx xx xx
Identification of mitigation measures
xx xx xx
Formulation of EMP xx xx xx
Compiling the EIA study
report
xx xx
Submission Submission report to
NEMA
xx
EIA Presentation
xx
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CHAPTER FIVE: PROJECT ORGANISATION AND MANAGEMENT
The EIA study will be led by a Project Director assisted by Project Research and Corporate Managers with
the following duties and responsibilities:
Project Director:
Appoint team members, outline the terms of reference for each personnel and provide the final decision in
respect of the study activities and results.
Project Manager:
Undertake and coordinate the respective field studies and environmental baseline data collection; coordinate
and organize discussions and meetings, and contribute in the environmental management aspects of the
EIA study.
Research Manager:
Coordinate the overall EIA study activities, data collection, analyses, interpretation, and compilation of the
study results.
The following specialists and personnel will perform data collection, analysis, and interpretation of results:
Name QUALIFICATIONS
1. ELIZABETH W. MUTUA
MSC. CLIMATE CHANGE & SUSTAINABILITY BSC. ENVIRONMENTAL EDUCATION (NEMA LICENSED EIA/EA LEAD EXPERT)
3. LINGE KITULU BSC. ANALYTICAL CHEMISTRY NEMA LICENSED EIA/EA ASSOCIATE EXPERT
4. YVONNE KEGEHI BSC. ENVIRONMENTAL EDUCATION (NEMA LICENSED EA/EA ASSOCIATE EXPERT)
5. MITCHELLE KUTWO B.A ENVIRONMENTAL PLANNING AND MANAGEMENT
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CHAPTER SIX: THE E.I.A REPORT
All findings will be presented in the EIA report. The report will contain an introduction explaining the
need for, and context of the project. The report should, at a minimum, cover the following basic aspects:
1. Executive Summary
2. Policy, Legal and Administrative Framework
3. The EIA Methodology
4. Description of the Existing Environment
5. Description of the Proposed Project in detail
6. Identification and Assessment of Potential Direct, Indirect, Cumulative, Positive and Negative
Environmental Impacts
Physical
Natural Hazard Risk
Biological
Human/Social
Public Involvement
Recommended Mitigation Measures
Identification and Analysis of Alternatives
Management of the Environmental and Heritage aspects of the Project
Environmental Management of the Project
Environmental Quality Objectives
Training
Draft Outline Monitoring Programme
List of References
Appendices including:
Reference documents
Photographs/ maps/ site plans
TOR
Notes from Public Consultation
Glossary of Technical Terms used
Ten hard copies and an electronic copy of the study report will submitted to the National Environment
Management Authority for Licensing.